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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Rules and Regulations]
[Pages 104882-104884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30547]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-1078]
RIN 1625-AA87

Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving security 
zone for navigable waters within a 500-yard radius of certain vessels 
carrying cargo requiring an elevated level of security in the Corpus 
Christi Ship Channel. The temporary security zone is needed to protect 
the vessels, the cargo, and the surrounding waterway from terrorist 
acts, sabotage, or other subversive acts, accidents, or events of a 
similar nature. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port, 
Sector Corpus Christi or a designated representative.

DATES: For the purposes of enforcement, actual notice will be used from 
December 20, 2024, until December 26, 2024. This rule is effective 
without actual notice from December 26, 2024 until December 27, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-1078 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Tim Cardenas, Sector Corpus Christi Waterways 
Management Division, U.S. Coast Guard; telephone 361-939-5130, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Sector Corpus Christi
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under the authority 
in 5 U.S.C. 553(b)(B). This provision authorizes an agency to issue a 
rule without prior notice and opportunity to comment when the agency 
for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing a notice of proposed rulemaking (NPRM) with respect to this 
rule because it is impracticable. The Coast Guard was notified of these 
vessels' transit and cargo on December 12, 2024. There is insufficient 
time to publish an NPRM before this operation because the security zone 
must be established by December 20, 2024, to ensure security of the 
vessels and the surrounding area and there is insufficient time to 
provide a reasonable comment period and to consider those comments 
before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because quick action 
is needed to provide for the security of this vessel and its 
surroundings while it is in transit.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this security zone regulation under the 
authority in 46 U.S.C. 70051 and 70124. The Captain of the Port, Sector 
Corpus Christi (COTP) has determined that potential hazards are 
associated with the transit of the Motor Vessel (M/V) ARC INDEPENDENCE. 
There is a security concern within a 500-yard radius of the vessel when 
it's loaded and transiting while loaded. This rule is needed to provide 
for the safety and security of the vessel, its cargo, and the 
surrounding waterway from terrorist acts, sabotage, or other subversive 
acts, accidents, or other events of a similar nature while the vessel 
is transiting within Corpus Christi, TX.

IV. Discussion of the Rule

    The Coast Guard is establishing a 500-yard radius, temporary, 
moving security zone around M/V ARC INDEPENDENCE. Other mariners and 
vessels will be able to identify the security zone because the M/V ARC 
INDEPENDENCE's name is clearly marked on its stern, and port and 
starboard sides. The zone for the vessel will be effective from 
December 20, 2024, through December 27, 2024, and will be enforced when 
the vessel is loaded and transiting the Corpus Christi Ship Channel. 
The security zone will be

[[Page 104883]]

enforced to protect the vessel, its cargo, and the surrounding 
waterways from terrorist acts, sabotage, or other subversive acts, 
accidents, or other events of a similar nature while the vessel is 
traveling within the Corpus Christi Ship Channel.
    No vessel or person will be permitted to enter the security zone 
without obtaining permission from the COTP or a designated 
representative. As used in this section, ``designated representative'' 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port, USCG Sector Corpus Christi (COTP) in the 
enforcement of the security zone. Persons or vessels desiring to enter 
or pass through each zone must request permission from the COTP or a 
designated representative on VHF-FM channel 16 or by telephone at 361-
939-0450. If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or designated representative. The 
COTP or a designated representative will inform the public through 
Broadcast Notices to Mariners and Marine Safety Information Bulletins 
(MSIBs) as appropriate for the enforcement times and dates for the 
security zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, 
this rule is not subject to review by the Office of Management and 
Budget (OMB).
    This regulatory action determination is based on the size, 
duration, and location of the security zone. This rule will impact a 
small, designated area of 500-yards around the moving vessel in the 
Corpus Christi Ship Channel as the vessel transits the channel over a 
period of approximately four hours or less. Most vessels will be able 
to move around the security zone and therefore the impediment to the 
movement of other vessels will be minimal. Moreover, the rule allows 
other vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary security zone may be small entities, for the reasons stated 
in section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f) and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a moving security zone lasting for the 
duration of time that the M/V ARC INDEPENDENCE is within the Corpus 
Christi Ship Channel while loaded with cargo. It will prohibit entry 
within a 500-yard radius of the M/V ARC INDEPENDENCE while the vessel 
is

[[Page 104884]]

transiting loaded within Corpus Christi Ship Channel. It is 
categorically excluded from further review under L60(a) in Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T08-1078 to read as follows:

Sec.  165.T08-1078  Security Zones; Corpus Christi Ship Channel. Corpus 
Christi, TX.

    (a) Location. The following area is a moving security zone: All 
navigable waters encompassing a 500-yard radius around the M/V ARC 
INDEPENDENCE while the vessel loaded with cargo and is in the Corpus 
Christi Ship Channel.
    (b) Enforcement period. This section will be enforced during the 
times the ship is loaded and underway.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative. A designated representative is a 
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel and a Federal, 
State, and local officer designated by or assisting the Captain of the 
Port, USCG Sector Corpus Christi (COTP) in the enforcement of the 
security zone.
    (2) Persons or vessels desiring to enter or pass through the zone 
must request permission from the COTP Sector Corpus Christi on VHF-FM 
channel 16 or by telephone at 361-939-0450.
    (3) If permission is granted, all persons and vessels must comply 
with all lawful orders and directions of the COTP or the COTP's 
designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners (BNMs) and 
Marine Safety Information Bulletins (MSIBs) of the enforcement times 
and dates for this security zone.

    Dated: December 17, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-30547 Filed 12-23-24; 8:45 am]
BILLING CODE 9110-04-P
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